MI080299

City of North Augusta

SOUTH CAROLINA

	August 16, 1999
	Date


	Lark W. Jones
	Mayor

	Members of City Council
Carolyn C. Baggott		Phillip T. Mottel

Pat C. Carpenter		Donald C. Smith

Kenneth J. McDowell		I. Kent Sullivan

ORDER OF BUSINESS

The regular meeting of August 16, 1999, having been duly publicized, was called to order at 7:00 P. M. by Mayor Jones.

Mayor Jones rendered the invocation and led in the Pledge of Allegiance.

Members present were Mayor Jones and Councilmembers Carpenter, Mottel, Smith, and Sullivan. Councilmember Baggott was absent, and Councilmember McDowell was on vacation.

Also in attendance were Charles B. Martin, City Administrator; Bob Brooks, Director of Parks, Recreation, and Leisure Services; John P. Potter, Jr., Director of Finance; Thomas C. Zeaser, Director of Engineering/Public Works; and Donna B. Young, City Clerk.

The minutes of the regular meeting of August 2, 1999, and the study session meeting of August 2 were approved as presented by general consent.

ITEM 1. FINANCE: TELECOMMUNICATIONS - BUSINESS LICENSE AND AGREEMENT WITH MASC - ORDINANCE, FIRST READING

On motion by Councilmember Sullivan, second by Councilmember Carpenter, Council unanimously passed on first reading an ordinance establishing the business license rates for telecommunications companies and authorizing an agreement between the City and the South Carolina Municipal Association wherein the association will collect the business licenses on behalf of the City.

The change in business license rates results from 1999 state legislation limiting such fees.

The ordinance text is as follows:

ORDINANCE NO. 99-13

AMENDING CHAPTER 15, ENTITLED

"OCCUPATIONAL LICENSES AND REGULATIONS,"

ARTICLE I, ENTITLED ,"IN GENERAL”,

SECTION 15-22 ENTITLED “CLASSIFICATION RATE SCHEDULES”

OF THE CODE OF LAWS OF NORTH AUGUSTA, SOUTH CAROLINA

AND AUTHORIZING AN AGREEMENT WITH

MUNICIPAL ASSOCIATION OF SOUTH CAROLINA

TO COLLECT TELECOMMUNICATIONS BUSINESS LICENSE TAXES

FOR THE CITY OF NORTH AUGUSTA

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING DULY ASSEMBLED, AND BY THE AUTHORITY THEREOF, THAT:

I. Article I, entitled “In General”, Section 15-22, entitled “Classification Rate Schedules” - Class 8 - Individual Rates - SIC 481, is hereby amended and when amended shall read as follows:

a. Notwithstanding any other provisions of the Business License Ordinance, business license taxes for retail telecommunications service as defined in S. C. Code, Section 58-9-2200, including but not limited to those services described in Standard Industrial Classification (SIC) 481 and North American Industry Classification System (NAICS) 5133, shall pay an annual business license fee based on gross income.

b. Pursuant to S. C. Code, Section 58-9-2220, the following business license tax schedule shall apply to the gross income from retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. The measurement of the amounts derived from the retail of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality.

Rate for license taxes due in the years 1999 through 2003:

three tenths of one percent (0.3 %) of gross income for the preceding year;

Rate for license taxes due in the year 2004 and each year thereafter:

seventy-five hundredths of one percent (0.75 %) of gross income for the preceding year.

For a business in operation for less than one year, the amount of business license tax authorized by this section shall be computed on a twelve-month projected income.

II. The rate for business licenses for retail telecommunications service for 1999 shall be 0.3 % of 1998 gross income, due on October 1, 1999, and payable by January 31, 2000, without penalty.

The telecommunications business license tax shall be due on January 1 in each year, beginning in the year 2000. Declining rates shall not apply. Taxes are payable without penalty by January 31 following the due date. After January 31, the delinquent penalty shall be five percent (5 %) of the tax due for each month, or portion thereof, after the due date until paid.

III. Exemptions in the business license ordinance for income from business in interstate commerce are hereby repealed. Properly apportioned gross income from interstate commerce shall be included in the gross income for every business subject to a business license tax.

IV. Nothing in this ordinance shall be interpreted to interfere with continuing obligations of any franchise agreement or contractual agreement in the event that the franchise or contractual agreement should expire after December 31, 2003.

Fees imposed by any franchise or contractual agreement with a telecommunications provider which expires prior to December 31, 2003, shall continue in effect until December 31, 2003.

All fees collected under such franchise agreement or contractual agreement shall be in lieu of fees or taxes which might otherwise be authorized by this ordinance.

A business license tax ordinance, adopted prior to December 31, 1997, which levied a business license tax paid by a telecommunications company higher than that levied under this ordinance, shall remain in effect through December 31, 2003.

V. Pursuant to South Carolina Code, Ann. Sec. 5-7-300, the agreement with the Municipal Association of South Carolina for collection of current and delinquent license taxes from telecommunications in the form attached hereto is approved, and the City Administrator is authorized to execute the agreement.

VI. This Ordinance shall become effective immediately upon its adoption on third and final reading.

VII. Any Ordinance or parts of Ordinances in conflict herewith is, to the extent of such conflict, hereby repealed.

DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _______ DAY OF ____________________, 1999

ITEM 2. FINANCE: TELECOMMUNICATIONS - BUSINESS LICENSE AND AGREEMENT WITH MASC - ORDINANCE, SECOND READING

On motion by Councilmember Mottel, second by Councilmember Smith Council unanimously passed on second reading an ordinance establishing the business license rates for telecommunications companies and authorizing an agreement between the City and the South Carolina Municipal Association wherein the association will collect the business licenses on behalf of the City. The change in business license rates results from 1999 state legislation limiting such fees.

The ordinance text is listed above.

ITEM 3. CENTRAL RIVERFRONT REDEVELOPMENT STRATEGY - HUNTER INTERESTS, INC. - CONTRACT

A motion by Councilmember Smith, second by Councilmember Mottel, was made to adopt a Resolution selecting Hunter Interests, Inc. as the group to prepare the North Augusta Central Riverfront Redevelopment Strategy. The resolution authorizes the City to contract with Hunter Interests, Inc. in the amount of $115,000, which is an upset figure against which actual hourly charges and direct expenses will be billed. The schedule provides for the commencement of work on September 1 and completion of the redevelopment strategy on approximately December 31.

On motion by Councilmember Sullivan, second by Mayor Jones an amendment to the motion was made requesting that the resolution text be changed to include the following wording:

WHEREAS, a Professional Services Agreement with Hunter Interests, Incorporated has been prepared outlining the tasks to be accomplished and setting the schedule and costs for doing so, including subcontractors’ services, at a cost not to exceed $115,000.

Funding from the project will come from the Riverfront Redevelopment Fund.

The amended Resolution was adopted unanimously. The amended Resolution as amended is as follows:

RESOLUTION NO. 99-18

TO AUTHORIZE A CONTRACT BETWEEN THE CITY OF NORTH AUGUSTA

AND HUNTER INTERESTS, INCORPORATED FOR THE Preparation

of the NORTH AUGUSTA Central

RIVERFRONT REDEVELOPMENT Strategy

WHEREAS, on April 15, 1991, by adoption of Resolution #91-06, the City Council established the North Augusta Riverfront Redevelopment District for the purpose of addressing blighted areas within the district through the acquisition, preparation, sale, re-planning, and redevelopment of such areas where such conditions exist in accordance with sound and approved plans developed in conjunction with private financial institutions and in cooperation with private and public sectors to promote the public health, safety, convenience,

and welfare of the citizens of the City of North Augusta and to stimulate economic development; and

WHEREAS, with passage of Resolution #96-06, adopted February 19, 1996, Mayor and City Council adopted the Master Plan for the North Augusta Riverfront Redevelopment District as prepared by the Joint Venture of Lane, Frenchman, and Associates, Inc., and City Design Collaborative, Inc., along with the North Augusta Citizens Advisory Panel, stating that the Master Plan is to be used as a guide for the progressive and orderly development of the North Augusta Riverfront and Downtown Redevelopment Districts; and

WHEREAS, the Master Plan for the North Augusta Riverfront Redevelopment District outlines the goals, objectives, policies, and projects along with recommended phase development and potential funding sources for a period of years within the district and encompasses the goals of access, use, character, image, and economic development; and

WHEREAS, since 1996, the City Council has systematically authorized and appropriated capital funds for the implementation of planned public improvements in the North Augusta Riverfront Redevelopment District including the construction of Riverside Boulevard, design and construction of the Georgia Avenue Streetscape project, Phase IV of the North Augusta Greeneway, and improvements to Water Works Park; and

WHEREAS, the City Council now desires to proceed with the implementation of the Master Plan for the North Augusta Riverfront Redevelopment District by facilitating private sector redevelopment activity within that portion of the Riverfront Redevelopment District referred to as the Central Riverfront Area; and

WHEREAS, the City, having solicited qualifications and proposals from professional consulting teams to prepare a Central Riverfront Redevelopment Strategy, received seven (7) qualified responses and heard oral presentations from three (3) firms, thereafter selecting Hunter Interests, Incorporated; and

WHEREAS, a Professional Services Agreement with Hunter Interests, Incorporated has been prepared outlining the tasks to be accomplished and setting the schedule and costs for doing so, including subcontractors’ services, at a cost not to exceed $115,000.

NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council in meeting duly assembled and by the authority thereof that the consulting firm of Hunter Interests, Incorporated is hereby selected to prepare the Central Riverfront Redevelopment Strategy for North August’s Riverfront Redevelopment in accordance with the attached Services Agreement.

BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to sign the professional Services Agreement between the City and Hunter Interests, Incorporated and to execute all documents relating thereto.

BE IT FURTHER RESOLVED that funding for this contract shall come from the Downtown/Riverfront Redevelopment Fund.

DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF _____________, 1999.

ITEM 4. SISTER CITY: STARA LUBOVNA, SLOVAKIA

Guests from our sister city, Stara LuBovna, Slovakia, were recognized as follows:

Jozef Greizinger, Emily Greizinger, Tom Greizinger, and Brano Kovalcik

ITEM 5. STREETS AND DRAINS: BERGEN PLACE, SECTION III, PHASE I - DEED OF DEDICATION - RESOLUTION

On motion by Councilmember Smith, second by Councilmember Carpenter, Council unanimously adopted a resolution accepting a deed of dedication to the streets, sewer systems, and storm drainage system in the Bergen Place, Section III, Phase I Subdivision.

The resolution text is as follows:

RESOLUTION NO. 99-19

ACCEPTING A DEED OF DEDICATION FOR THE STREETS,

SANITARY SEWER SYSTEM, STORM DRAINAGE SYSTEM,

AND ALL RIGHTS-OF-WAY AND EASEMENTS,

ALONG WITH A MAINTENANCE GUARANTEE AND LETTER OF CREDIT,

IN BERGEN PLACE, SECTION III, PHASE I

WHEREAS, Bergen Place Development Co., developed Bergen Place, Section III, Phase I according to the requirements of the North Augusta Planning Commission and the City, and owns the streets, utilities, and easements; and

WHEREAS, it is the policy of the City that, upon receiving final plat approval from the Planning Commission, the City will, following inspection by the City's Engineering Department, accept a deed of dedication for the streets, utilities, etc. for the purpose of ownership and maintenance when said deed is accompanied by a maintenance guarantee; and

WHEREAS, Bergen Place Development Co., has prepared a deed of dedication for certain improvements to be deeded over to the City of North Augusta; and

WHEREAS, a maintenance guarantee and letter of credit accompanies the deed; and

WHEREAS, the City Engineer has made final inspections of the subject improvements, and these improvements do meet City standards.

NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof, do hereby accept a deed of dedication for:

ALL those certain pieces, parcels or tracts of land, together with all improvements thereon, situate, lying and being in the City of North Augusta, County of Aiken, State of South Carolina, and being shown and designated as Bridle Path Road and Adamsville Spring Road, each a fifty (50) foot road way, as shown on plat of Bergen Place, Section III, Phase I, as prepared by Robert L. Herrington, Jr., R.L.S., dated December 30, 1998, and recorded in Plat Book 38, at page 283, records of Aiken County, South Carolina; said plat is incorporated herein by reference thereto, and made a part and parcel hereof, and should be referred to for a more complete and accurate description as to the location, metes, bounds and courses of said parcel.

ALSO conveyed hereby is all of Grantor rights, title, and interests in and to the sanitary sewer and storm sewer systems installed within the right of way of the aforesaid roadways and within easements as shown on the aforesaid plat of Bergen Place, Section III, Phase I, and a non-exclusive right of access and use to all such drainage and utility easements as set forth and delineated upon the aforesaid plat of Bergen Place, Section III, Phase I.

THIS being a portion of the same property as conveyed to the Grantor herein by deed of Earl H. Bergen, III, Linda K. Herndon, Jeannette L. Bergen Kirkland, individually and Jeannette L. Bergen Kirkland and Linda K. Herndon, as Trustees under trust agreement F/B/O the children of Linda K. Herndon, and Jeannette L. Bergen Kirkland and Linda K. Herndon, as Trustees under trust agreement F/B/O the children of Jeannette L. Bergen Kirkland, recorded in Deed Book 1818, at page 189, aforesaid records.

A portion of Tax Parcel No.: 00-007-01-269.

BE IT FURTHER RESOLVED that a Maintenance Guarantee and Letter of Credit valued at $28,000.00 are hereby accepted.

DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ________ DAY OF __________________, 1999.

ITEM 6. STREETS AND DRAINS: SUMMIT SUBDIVISION, PHASE II - DEED OF DEDICATION - RESOLUTION

On motion by Councilmember Mottel, second by Councilmember Sullivan, Council unanimously adopted a resolution accepting a deed of dedication to the streets, water and sewer systems, and storm drainage system in the Summit Subdivision, Phase II.

The resolution text is as follows:

RESOLUTION NO. 99-20

ACCEPTING A DEED OF DEDICATION FOR THE STREETS,

SANITARY SEWER SYSTEM, STORM DRAINAGE SYSTEM,

AND ALL RIGHTS-OF-WAY AND EASEMENTS,

ALONG WITH A MAINTENANCE GUARANTEE AND LETTER OF CREDIT,

IN SUMMIT SUBDIVISION, PHASE II

WHEREAS, Lacey Development Co., a.k.a. Wise Development LLC, developed Summit Subdivision, Phase II according to the requirements of the North Augusta Planning Commission and the City, and owns the streets, utilities, and easements; and

WHEREAS, Wise Development LLC, has prepared a deed of dedication for certain improvements to be deeded over to the City of North Augusta; and

WHEREAS, a maintenance guarantee and letter of credit accompanies the deed; and

WHEREAS, the City Engineer has made final inspections of the subject improvements, and these improvements do meet City standards.

Final Plat of THE SUMMIT subdivision, Phase II, prepared by Robert L. Herrington, Jr., R.L.S., dated January 6, 1999, revised January 15, 1999, and recorded in Plat Book 38, at page 257, records of Aiken County, South Carolina; said plat is incorporated herein by reference thereto, and made a part and parcel hereof, and should be referred to for a more complete and accurate description as to the location, metes, bounds and courses of said parcel.

ALSO conveyed hereby is all of Grantor rights, title, and interests in and to the water, sanitary sewer and storm sewer systems installed within the right of way of the aforesaid roadways and within easements as shown on the aforesaid plat of THE SUMMIT subdivision, Phase II, and a non-exclusive right of access and use to all such drainage and utility easements as set forth and delineated upon the aforesaid plat of THE SUMMIT subdivision, Phase II.

THIS being a portion of the same property as conveyed to the Grantor herein by deed recorded in Deed Book 1566, at page 197, records of Aiken County, South Carolina.

A portion of Tax Parcel No.: 00-009-01-014.

BE IT FURTHER RESOLVED that a Maintenance Guarantee and Letter of Credit valued at $40,000.00 are hereby accepted.

DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ________ DAY OF __________________, 1999.

ITEM 7. STREETS AND DRAINS: SUMMIT SUBDIVISION, PHASE II - DEED OF GIFT AND DEDICATION - 15.26 ACRES STORM WATER DETENTION AREA - RESOLUTION

On motion by Councilmember Carpenter, second by Councilmember Smith Council unanimously adopted a resolution accepting a deed of gift and dedication to the 15.26 acres storm water detention area in the Summit Subdivision, Phase II Subdivision.

The resolution text is as follows:

RESOLUTION NO. 99-21

ACCEPTING A DEED OF GIFT AND DEDICATION FOR THE

15.26 ACRES STORM WATER DETENTION AREA

IN SUMMIT SUBDIVISION, PHASE II

WHEREAS, Lacey Development Co., a.k.a. Wise Development LLC, developed Summit Subdivision, Phase II and detention pond according to the requirements of the North Augusta Planning Commission and the City, and owns the streets, utilities, and easements; and

WHEREAS, Wise Development LLC., has prepared a deed of gift and dedication for the 15.26 acres detention pond to be deeded over to the City of North Augusta; and

WHEREAS, the City Engineer has made final inspections of the subject improvements, and these improvements do meet City standards.

ALL that certain piece, parcel or tract of land, together with all improvements thereon, situate, lying and being in the City of North Augusta, County of Aiken, State of South Carolina, containing 15.26 acres, more or less, and being shown and designated as STORM WATER DETENTION AREA on Sheet 2 of 2 on plat of The Summit Subdivision, Phase II, prepared by Robert L. Herrington, Jr., R.L.S., dated January 6, 1999, revised January 15, 1999, and further revised June 11, 1999, and recorded July 8, 1999, in Plat Book 39, at page 91, records of Aiken County, South Carolina; said plat is incorporated herein by reference thereto, and

made a part and parcel hereof, and should be referred to for a more complete and accurate description as to the location, metes, bounds and courses of said parcel.

THIS being a portion of the same property as conveyed to the Grantor herein by deed recorded in Deed Book 1566, at page 197, records of Aiken County, South Carolina.

A portion of Tax Parcel No.: 00-009-01-014.

DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ________ DAY OF __________________, 1999.

There being no further business, Council adjourned.

APPROVED THIS ______ DAY OF Respectfully submitted,

______________________, 1999.

Donna B. Young

City Clerk

_______________________________

Mayor Lark W. Jones